SENATE BILL No. 1310

June 8, 2000, Introduced by Senators BYRUM and YOUNG and referred to the Committee on

Health Policy.

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 7106, 7311, 7401, 16106, 16221, 16226,

17435, 17708, 17750a, 17751, 17763, and 17766 (MCL 333.7106,

333.7311, 333.7401, 333.16106, 333.16221, 333.16226, 333.17435,

333.17708, 333.17750a, 333.17751, 333.17763, and 333.17766),

section 7311 as amended by 1993 PA 80, section 7401 as amended by

1998 PA 319, sections 16106, 17708, 17751, and 17763 as amended

by 1997 PA 153, section 16221 as amended by 1998 PA 227, section

16226 as amended by 1998 PA 109, sections 17435 and 17750a as

added by 1994 PA 384, and section 17766 as amended by 1990

PA 30.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 7106. (1) "Immediate precursor" means a substance

2 which THAT the administrator has found to be and by rule

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1 designates as being the principal compound commonly used or

2 produced primarily for use, and which THAT is an immediate

3 chemical intermediary used or likely to be used in the manufac-

4 ture of a controlled substance, the control of which is necessary

5 to prevent, curtail, or limit manufacture.

6 (2) "INTERNET" MEANS THAT TERM AS DEFINED IN SECTION 230 OF

7 TITLE II OF THE COMMUNICATIONS ACT OF 1934, CHAPTER 652, 110

8 STAT. 137, 47 U.S.C. 230.

9 (3) (2) "Manufacture" means the production, preparation,

10 propagation, compounding, conversion, or processing of a con-

11 trolled substance, directly or indirectly by extraction from sub-

12 stances of natural origin, or independently by means of chemical

13 synthesis, or by a combination of extraction and chemical

14 synthesis. It MANUFACTURE includes the packaging or repackag-

15 ing of the substance or labeling or relabeling of its container,

16 except that it THE TERM does not include THE FOLLOWING:

17 (a) The preparation or compounding of a controlled substance

18 by an individual for his or her own use.

19 (b) The preparation, compounding packaging, or labeling of a

20 controlled substance:

21 (i) By a practitioner as an incident to the practitioner's

22 administering or dispensing of a controlled substance in the

23 course of his or her professional practice.

24 (ii) By a practitioner, or by the practitioner's authorized

25 agent under his or her supervision, for the purpose of, or as an

26 incident to, research, teaching, or chemical analysis and not for

27 sale.

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1 (4) (3) "Marihuana" means all parts of the plant Canabis

2 sativa L., growing or not; the seeds thereof; the resin extracted

3 from any part of the plant; and every compound, manufacture,

4 salt, derivative, mixture, or preparation of the plant or its

5 seeds or resin. It does not include the mature stalks of the

6 plant, fiber produced from the stalks, oil or cake made from the

7 seeds of the plant, any other compound, manufacture, salt, deriv-

8 ative, mixture, or preparation of the mature stalks, except the

9 resin extracted therefrom, fiber, oil or cake, or the sterilized

10 seed of the plant which THAT is incapable of germination.

11 Sec. 7311. (1) A license under section 7306 to manufacture,

12 distribute, prescribe, or dispense a controlled substance may be

13 denied, suspended, or revoked or a licensee may be fined, repri-

14 manded, ordered to perform community service or make restitution,

15 or placed on probation by the disciplinary subcommittee upon a

16 finding that an applicant for licensure or a licensee is subject

17 to any 1 OR MORE of the following:

18 (a) The applicant or licensee has furnished false or fraudu-

19 lent material information in an application filed under this

20 article.

21 (b) The applicant's or licensee's federal registration to

22 manufacture, distribute, or dispense controlled substances has

23 been surrendered, suspended, or revoked.

24 (c) The applicant or licensee has promoted a controlled sub-

25 stance to the general public.

26 (d) The applicant or licensee is not a practitioner,

27 manufacturer, or distributor.

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1 (e) The applicant or licensee has not maintained effective

2 controls against diversion of controlled substances to other than

3 legitimate and professionally recognized therapeutic, scientific,

4 or industrial uses.

5 (f) The applicant or licensee is not in compliance with

6 applicable federal, state, and local laws.

7 (g) The applicant or licensee has manufactured, distributed,

8 or dispensed a controlled substance for other than legitimate or

9 professionally recognized therapeutic, scientific, or industrial

10 purposes or outside the scope of practice of the

11 practitioner-licensee or applicant.

12 (H) THE APPLICANT OR LICENSEE HAS PRESCRIBED OR DISPENSED A

13 CONTROLLED SUBSTANCE BASED SOLELY ON A CONSULTATION VIA THE

14 INTERNET WITH THE PATIENT FOR WHOM THE CONTROLLED SUBSTANCE WAS

15 PRESCRIBED OR DISPENSED.

16 (I) (h) The applicant or licensee has violated or

17 attempted to violate, directly or indirectly, assisted in or

18 abetted the violation of, or conspired to violate this article or

19 rules A RULE of the administrator promulgated under this

20 article.

21 (2) The disciplinary subcommittee may limit a license under

22 subsection (1) to a particular controlled substance.

23 (3) A license under section 7306 to manufacture, distribute,

24 prescribe, or dispense a controlled substance shall be denied or

25 revoked by the disciplinary subcommittee if the applicant or

26 licensee has been convicted of a felony under a state or federal

27 law relating to a controlled substance.

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1 (4) If the disciplinary subcommittee suspends or revokes a

2 license or if a license is void under subsection (6), all con-

3 trolled substances owned or possessed by the licensee at the time

4 of suspension or the effective date of the revocation order may

5 be placed under seal or seized at the discretion of the disci-

6 plinary subcommittee. The department shall not dispose of con-

7 trolled substances under seal or seizure until the time for

8 taking an appeal has elapsed or until all appeals have been con-

9 cluded, unless a court, upon application therefor, orders the

10 sale of perishable controlled substances and the deposit of the

11 proceeds of the sale with the court. Upon a revocation order

12 becoming final or after a license becomes void under subsection

13 (6) because the licensee's license to practice is revoked under

14 article 15 and that revocation order becomes final, the disci-

15 plinary subcommittee may order all controlled substances under

16 seal or seizure to be forfeited to this state.

17 (5) The disciplinary subcommittee shall promptly notify the

18 bureau of all orders suspending or revoking a license and all

19 forfeitures of controlled substances.

20 (6) A license under section 7306 to manufacture, distribute,

21 prescribe, or dispense a controlled substance is automatically

22 void if the licensee's license to practice is suspended or

23 revoked under article 15.

24 (7) Subject to subsection (8), if the administrator or the

25 disciplinary subcommittee finds that an applicant or licensee has

26 been convicted of a misdemeanor or a felony under a state or

27 federal law relating to a controlled substance, the applicant or

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1 licensee shall not have a direct financial interest in or be

2 employed by a person who is licensed under this article to manu-

3 facture, distribute, prescribe, or dispense a controlled sub-

4 stance in a capacity in which the individual has direct access to

5 controlled substances for a period of not less than 3 years after

6 the date of conviction. An individual who violates this subsec-

7 tion is subject to a civil fine of not more than $25,000.00 in a

8 proceeding in the circuit court.

9 (8) Subsection (7) applies only to a conviction for a misde-

10 meanor that is directly related to the manufacture, delivery,

11 possession, possession with intent to manufacture or deliver,

12 use, distribution, prescription, or dispensing of a controlled

13 substance. Subsection (7) does not apply to a conviction for a

14 misdemeanor based upon an unintentional error or omission involv-

15 ing a clerical or record-keeping function.

16 Sec. 7401. (1) Except as authorized by this article, a

17 person shall not manufacture, create, deliver, or possess with

18 intent to manufacture, create, or deliver a controlled substance,

19 a prescription form, an official prescription form, or a counter-

20 feit prescription form. A practitioner licensed by the adminis-

21 trator under this article shall not dispense, prescribe, or

22 administer a controlled substance for other than legitimate and

23 professionally recognized therapeutic or scientific purposes or

24 outside the scope of practice of the practitioner, licensee, or

25 applicant. A PRACTITIONER LICENSED BY THE ADMINISTRATOR UNDER

26 THIS ARTICLE SHALL NOT PRESCRIBE OR DISPENSE A CONTROLLED

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1 SUBSTANCE FOR A PATIENT BASED SOLELY ON A CONSULTATION VIA THE

2 INTERNET WITH THE PATIENT.

3 (2) A person who violates this section as to:

4 (a) A controlled substance classified in schedule 1 or 2

5 that is a narcotic drug or a drug described in section

6 7214(a)(iv) and:

7 (i) Which THAT is in an amount of 650 grams or more of any

8 mixture containing that substance is guilty of a felony punish-

9 able by imprisonment for life or any term of years but not less

10 than 20 years.

11 (ii) Which THAT is in an amount of 225 grams or more, but

12 less than 650 grams, of any mixture containing that substance is

13 guilty of a felony and shall be imprisoned for not less than 20

14 years nor more than 30 years.

15 (iii) Which THAT is in an amount of 50 grams or more, but

16 less than 225 grams, of any mixture containing that substance is

17 guilty of a felony and shall be imprisoned for not less than 10

18 years nor more than 20 years.

19 (iv) Which THAT is in an amount less than 50 grams, of any

20 mixture containing that substance is guilty of a felony and shall

21 be imprisoned for not less than 1 year nor more than 20 years,

22 and may be fined not more than $25,000.00, or placed on probation

23 for life.

24 (b) Any other controlled substance classified in schedule 1,

25 2, or 3, except marihuana is guilty of a felony punishable by

26 imprisonment for not more than 7 years or a fine of not more than

27 $10,000.00, or both.

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1 (c) A substance classified in schedule 4 is guilty of a

2 felony punishable by imprisonment for not more than 4 years or a

3 fine of not more than $2,000.00, or both.

4 (d) Marihuana or a mixture containing marihuana is guilty of

5 a felony punishable as follows:

6 (i) If the amount is 45 kilograms or more, or 200 plants or

7 more, by imprisonment for not more than 15 years or a fine of not

8 more than $10,000,000.00, or both.

9 (ii) If the amount is 5 kilograms or more but less than 45

10 kilograms, or 20 plants or more but fewer than 200 plants, by

11 imprisonment for not more than 7 years or a fine of not more than

12 $500,000.00, or both.

13 (iii) If the amount is less than 5 kilograms or fewer than

14 20 plants, by imprisonment for not more than 4 years or a fine of

15 not more than $20,000.00, or both.

16 (e) A substance classified in schedule 5 is guilty of a

17 felony punishable by imprisonment for not more than 2 years or a

18 fine of not more than $2,000.00, or both.

19 (f) An official prescription form or a counterfeit official

20 prescription form is guilty of a felony punishable by imprison-

21 ment for not more than 20 years or a fine of not more than

22 $25,000.00, or both.

23 (g) A prescription form or a counterfeit prescription form

24 other than an official prescription form or a counterfeit offi-

25 cial prescription form is guilty of a felony punishable by

26 imprisonment for not more than 7 years or a fine of not more than

27 $5,000.00, or both.

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1 (3) A term of imprisonment imposed pursuant to subsection

2 (2)(a) or section 7403(2)(a)(i), (ii), (iii), or (iv) shall be

3 imposed to run consecutively with any term of imprisonment

4 imposed for the commission of another felony. An individual

5 subject to a mandatory term of imprisonment under subsection

6 (2)(a) or section 7403(2)(a)(i), (ii), (iii), or (iv) shall IS

7 not be eligible for probation, suspension of that sentence, or

8 parole during that mandatory term, except and only to the extent

9 that those provisions permit probation for life, and shall not

10 receive a reduction in that mandatory term of imprisonment by

11 disciplinary credits or any other type of sentence credit

12 reduction.

13 (4) The court may depart from the minimum term of imprison-

14 ment authorized under subsection (2)(a)(ii), (iii), or (iv) if

15 the court finds on the record that there are substantial and com-

16 pelling reasons to do so. In addition, if any of the following

17 apply, the court may depart from the minimum term of imprisonment

18 authorized under subsection (2)(a)(ii), (iii), or (iv) if the

19 individual has not previously been convicted of a felony or an

20 assaultive crime and has not been convicted of another felony or

21 assaultive crime arising from the same transaction as the viola-

22 tion of this section:

23 (a) The person is within the jurisdiction of the circuit

24 court under section 606 of the revised judicature act of 1961,

25 1961 PA 236, MCL 600.606, or section 4 of chapter XIIA of 1939

26 PA 288, MCL 712A.4.

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1 (b) The person is being sentenced under section 18(1)(n) of

2 chapter XIIA of 1939 PA 288, MCL 712A.18.

3 (5) As used in this section:

4 (a) "Assaultive crime" means a violation of chapter XI of

5 the Michigan penal code, 1931 PA 328, MCL 750.81 to 750.90.

6 (b) "Plant" means a marihuana plant that has produced coty-

7 ledons or a cutting of a marihuana plant that has produced

8 cotyledons.

9 Sec. 16106. (1) "Incompetence" means a departure from, or

10 failure to conform to, minimal standards of acceptable and pre-

11 vailing practice for the health profession, whether or not actual

12 injury to an individual occurs.

13 (2) "INTERNET" MEANS THAT TERM AS DEFINED IN SECTION 230 OF

14 TITLE II OF THE COMMUNICATIONS ACT OF 1934, CHAPTER 652,

15 100 STAT. 137, 47 U.S.C. 230.

16 (3) (2) "License", except as otherwise provided in this

17 subsection, means an authorization issued under this article to

18 practice where practice would otherwise be unlawful. License

19 includes an authorization to use a designated title which use

20 would otherwise be prohibited under this article and may be used

21 to refer to a health profession subfield license, limited

22 license, or a temporary license. For purposes of the definition

23 of "prescriber" contained in section 17708(2) only, license

24 includes an authorization issued under the laws of another state

25 , or the country of Canada , to practice in that state , or

26 the country of Canada, where practice would otherwise be

27 unlawful, and is limited to a licensed doctor of medicine, a

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1 licensed doctor of osteopathic medicine and surgery, or another

2 licensed health professional acting under the delegation and

3 using, recording, or otherwise indicating the name of the dele-

4 gating licensed doctor of medicine or licensed doctor of osteo-

5 pathic medicine and surgery.

6 (4) (3) "Licensee", as used in a part that regulates a

7 specific health profession, means a person to whom a license is

8 issued under that part, and as used in this part means each

9 licensee regulated by this article.

10 (5) (4) "Limitation" means an action by which a board

11 imposes restrictions or conditions, or both, on a license.

12 (6) (5) "Limited license" means a license to which

13 restrictions or conditions, or both, as to scope of practice,

14 place of practice, supervision of practice, duration of licensed

15 status, or type or condition of patient or client served are

16 imposed by a board.

17 Sec. 16221. The department may investigate activities

18 related to the practice of a health profession by a licensee, a

19 registrant, or an applicant for licensure or registration. The

20 department may hold hearings, administer oaths, and order rele-

21 vant testimony to be taken and shall report its findings to the

22 appropriate disciplinary subcommittee. The disciplinary subcom-

23 mittee shall proceed under section 16226 if it finds that 1 or

24 more of the following grounds exist:

25 (a) A violation of general duty, consisting of negligence or

26 failure to exercise due care, including negligent delegation to

27 or supervision of employees or other individuals, whether or not

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1 injury results, or any conduct, practice, or condition which

2 impairs, or may impair, the ability to safely and skillfully

3 practice the health profession.

4 (b) Personal disqualifications, consisting of 1 or more of

5 the following:

6 (i) Incompetence.

7 (ii) Subject to sections 16165 to 16170a, substance abuse as

8 defined in section 6107.

9 (iii) Mental or physical inability reasonably related to and

10 adversely affecting the licensee's ability to practice in a safe

11 and competent manner.

12 (iv) Declaration of mental incompetence by a court of compe-

13 tent jurisdiction.

14 (v) Conviction of a misdemeanor punishable by imprisonment

15 for a maximum term of 2 years; a misdemeanor involving the ille-

16 gal delivery, possession, or use of a controlled substance; or a

17 felony. A certified copy of the court record is conclusive evi-

18 dence of the conviction.

19 (vi) Lack of good moral character.

20 (vii) Conviction of a criminal offense under sections 520a

21 to 520l of the Michigan penal code, 1931 PA 328, MCL 750.520a to

22 750.520l. A certified copy of the court record is conclusive

23 evidence of the conviction.

24 (viii) Conviction of a violation of section 492a of the

25 Michigan penal code, 1931 PA 328, MCL 750.492a. A certified copy

26 of the court record is conclusive evidence of the conviction.

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1 (ix) Conviction of a misdemeanor or felony involving fraud

2 in obtaining or attempting to obtain fees related to the practice

3 of a health profession. A certified copy of the court record is

4 conclusive evidence of the conviction.

5 (x) Final adverse administrative action by a licensure, reg-

6 istration, disciplinary, or certification board involving the

7 holder of, or an applicant for, a license or registration regu-

8 lated by another state or a territory of the United States, by

9 the United States military, by the federal government, or by

10 another country. A certified copy of the record of the board is

11 conclusive evidence of the final action.

12 (xi) Conviction of a misdemeanor that is reasonably related

13 to or that adversely affects the licensee's ability to practice

14 in a safe and competent manner. A certified copy of the court

15 record is conclusive evidence of the conviction.

16 (c) Prohibited acts, consisting of 1 or more of the

17 following:

18 (i) Fraud or deceit in obtaining or renewing a license or

19 registration.

20 (ii) Permitting the license or registration to be used by an

21 unauthorized person.

22 (iii) Practice outside the scope of a license.

23 (iv) Obtaining, possessing, or attempting to obtain or pos-

24 sess a controlled substance as defined in section 7104 or a drug

25 as defined in section 7105 without lawful authority; or selling,

26 prescribing, giving away, or administering drugs for other than

27 lawful diagnostic or therapeutic purposes.

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1 (d) Unethical business practices, consisting of 1 or more of

2 the following:

3 (i) False or misleading advertising.

4 (ii) Dividing fees for referral of patients or accepting

5 kickbacks on medical or surgical services, appliances, or medica-

6 tions purchased by or in behalf of patients.

7 (iii) Fraud or deceit in obtaining or attempting to obtain

8 third party reimbursement.

9 (e) Unprofessional conduct, consisting of 1 or more of the

10 following:

11 (i) Misrepresentation to a consumer or patient or in obtain-

12 ing or attempting to obtain third party reimbursement in the

13 course of professional practice.

14 (ii) Betrayal of a professional confidence.

15 (iii) Promotion for personal gain of an unnecessary drug,

16 device, treatment, procedure, or service.

17 (iv) Directing or requiring an individual to purchase or

18 secure a drug, device, treatment, procedure, or service from

19 another person, place, facility, or business in which the

20 licensee has a financial interest.

21 (f) Failure to report a change of name or mailing address

22 within 30 days after the change occurs.

23 (g) A violation, or aiding or abetting in a violation, of

24 this article or of a rule promulgated under this article.

25 (h) Failure to comply with a subpoena issued pursuant to

26 this part, failure to respond to a complaint issued under this

27 article or article 7, failure to appear at a compliance

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1 conference or an administrative hearing, or failure to report

2 under section 16222 or 16223.

3 (i) Failure to pay an installment of an assessment levied

4 pursuant to section 2504 of the insurance code of 1956, 1956 PA

5 218, MCL 500.2504, within 60 days after notice by the appropriate

6 board.

7 (j) A violation of section 17013 or 17513.

8 (k) Failure to meet 1 or more of the requirements for licen-

9 sure or registration under section 16174.

10 (l) A violation of section 17015 or 17515.

11 (m) A violation of section 17016 or 17516.

12 (n) Failure to comply with section 9206(3).

13 (o) A violation of section 5654 or 5655.

14 (p) A violation of section 16274.

15 (Q) A VIOLATION OF SECTION 17435, 17708(2), 17750A, OR

16 17751.

17 Sec. 16226. (1) After finding the existence of 1 or more of

18 the grounds for disciplinary subcommittee action listed in sec-

19 tion 16221, a disciplinary subcommittee shall impose 1 or more of

20 the following sanctions for each violation:

21

22 Violations of Section 16221 Sanctions

23 Subdivision (a), (b)(ii), Probation, limitation, denial,

24 (b)(iv), (b)(vi), or suspension, revocation,

25 (b)(vii) restitution, community service,

26 or fine.

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1 Subdivision (b)(viii) Revocation or denial.

2 Subdivision (b)(i), Limitation, suspension,

3 (b)(iii), (b)(v), revocation, denial,

4 (b)(ix), probation, restitution,

5 (b)(x), or (b)(xi) community service, or fine.

6 Subdivision (c)(i) Denial, revocation, suspension,

7 probation, limitation, commu-

8 nity service, or fine.

9 Subdivision (c)(ii) Denial, suspension, revocation,

10 restitution, community service,

11 or fine.

12 Subdivision (c)(iii) Probation, denial, suspension,

13 revocation, restitution, commu-

14 nity service, or fine.

15 Subdivision (c)(iv) Fine, probation, denial,

16 or (d)(iii) suspension, revocation, commu-

17 nity service,

18 or restitution.

19 Subdivision (d)(i) Reprimand, fine, probation,

20 or (d)(ii) community service, denial,

21 or restitution.

22 Subdivision (e)(i) Reprimand, fine, probation,

23 limitation, suspension, commu-

24 nity service, denial, or

25 restitution.

26 Subdivision (e)(ii) Reprimand, probation,

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1 or (h) suspension, restitution,

2 community service, denial, or

3 fine.

4 Subdivision (e)(iii) Reprimand, fine, probation,

5 or (e)(iv) suspension, revocation, limita-

6 tion, community service,

7 denial, or restitution.

8 Subdivision (f) Reprimand or fine.

9 Subdivision (g) Reprimand, probation, denial,

10 suspension, revocation, limita-

11 tion, restitution, community

12 service, or fine.

13 Subdivision (i) Suspension or fine.

14 Subdivision (j) or (o) Reprimand or fine.

15 Subdivision (k) Reprimand, denial, or

16 limitation.

17 Subdivision (l), or

18 (n), OR (Q) Denial, revocation, restitution,

19 probation, suspension, limita-

20 tion, reprimand, or fine.

21 Subdivision (m) Revocation or denial.

22 Subdivision (p) Revocation.

23 (2) Determination of sanctions for violations under this

24 section shall be made by a disciplinary subcommittee. If, during

25 judicial review, the court of appeals determines that a final

26 decision or order of a disciplinary subcommittee prejudices

27 substantial rights of the petitioner for 1 or more of the grounds

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1 listed in section 106 of the administrative procedures act of

2 1969, 1969 PA 306, MCL 24.306, and holds that the final decision

3 or order is unlawful and is to be set aside, the court shall

4 state on the record the reasons for the holding and may remand

5 the case to the disciplinary subcommittee for further

6 consideration.

7 (3) A disciplinary subcommittee may impose a fine of up to,

8 but not exceeding, $250,000.00 for a violation of

9 section 16221(a) or (b).

10 (4) A disciplinary subcommittee may require a licensee or

11 registrant or an applicant for licensure or registration who has

12 violated this article or article 7 or a rule promulgated under

13 this article or article 7 to satisfactorily complete an educa-

14 tional program, a training program, or a treatment program, a

15 mental, physical, or professional competence examination, or a

16 combination of those programs and examinations.

17 Sec. 17435. (1) A licensee may administer and prescribe

18 therapeutic pharmaceutical agents in the course of his or her

19 practice if the licensee is certified by the board as being qual-

20 ified to administer and prescribe therapeutic pharmaceutical

21 agents pursuant to this section. HOWEVER, A LICENSEE SHALL NOT

22 PRESCRIBE A THERAPEUTIC PHARMACEUTICAL AGENT FOR A PATIENT BASED

23 SOLELY ON A CONSULTATION VIA THE INTERNET WITH THE PATIENT.

24 (2) The board shall certify a licensee as qualified to

25 administer and prescribe therapeutic pharmaceutical agents if the

26 licensee meets all of the following requirements:

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1 (a) Has met the certification requirements to administer

2 diagnostic pharmaceutical agents under section 17412.

3 (b) Has successfully earned at least 10 quarter hours or 7

4 semester hours of credit or successfully completed 100 classroom

5 hours of study in courses relating to the didactic and clinical

6 use of therapeutic pharmaceutical agents from a school or college

7 of optometry that is recognized by the board as fully

8 accredited.

9 (c) Has established a management plan in the event a patient

10 has an ocular condition or disease that may be related to a non-

11 localized or systemic condition or disease or to an adverse drug

12 reaction, or that does not demonstrate adequate clinical progress

13 as a result of treatment. The plan shall meet the requirements

14 of section 17412(2)(d). A licensee who has an emergency plan

15 approved by the board under section 17412(2)(d) at the time he or

16 she applies for certification to administer and prescribe thera-

17 peutic pharmaceutical agents is in compliance with this

18 subdivision.

19 Sec. 17708. (1) "Preceptor" means a pharmacist approved by

20 the board to direct the training of an intern in an approved

21 pharmacy.

22 (2) "Prescriber" means a licensed dentist, a licensed doctor

23 of medicine, a licensed doctor of osteopathic medicine and sur-

24 gery, a licensed doctor of podiatric medicine and surgery, a

25 licensed optometrist certified under part 174 to administer and

26 prescribe therapeutic pharmaceutical agents, a licensed

27 veterinarian, or another licensed health professional acting

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1 under the delegation and using, recording, or otherwise

2 indicating the name of the delegating licensed doctor of medicine

3 or licensed doctor of osteopathic medicine and surgery. A PRE-

4 SCRIBER SHALL NOT ISSUE A PRESCRIPTION TO A PATIENT BASED SOLELY

5 ON A CONSULTATION VIA THE INTERNET WITH THE PATIENT.

6 (3) "Prescription" means an order for a drug or device writ-

7 ten and signed or transmitted by other means of communication by

8 a prescriber to be filled, compounded, or dispensed. Prescribing

9 is limited to a prescriber. An order transmitted in other than

10 written form shall be recorded or written and immediately dated

11 by the pharmacist, and that record constitutes the original

12 prescription. In a health facility or agency licensed under

13 article 17 or other medical institution, an order for a drug or

14 device in the patient's chart constitutes for the purposes of

15 this definition the original prescription. Subject to

16 section 17751(2), prescription includes, but is not limited to,

17 an order for a drug, not including a controlled substance as

18 defined in section 7104 except under circumstances described in

19 section 17763(g), written and signed or transmitted by other

20 means of communication by a physician prescriber licensed to

21 practice in a state other than Michigan.

22 (4) "Prescription drug" means 1 or more of the following:

23 (a) A drug dispensed pursuant to a prescription.

24 (b) A drug bearing the federal legend "CAUTION: federal law

25 prohibits dispensing without prescription".

26 (c) A drug designated by the board as a drug that may only

27 be dispensed pursuant to a prescription.

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1 Sec. 17750a. (1) A EXCEPT AS OTHERWISE PROVIDED IN THIS

2 SUBSECTION, A pharmacist may dispense a prescription for a thera-

3 peutic pharmaceutical agent issued by an optometrist certified by

4 the Michigan board of optometry under part 174 as qualified to

5 administer and prescribe therapeutic pharmaceutical agents. A

6 PHARMACIST SHALL NOT DISPENSE A PRESCRIPTION FOR A THERAPEUTIC

7 PHARMACEUTICAL AGENT ISSUED BY AN OPTOMETRIST DESCRIBED IN THIS

8 SUBSECTION IF THE PHARMACIST KNOWS THAT THE OPTOMETRIST ISSUED

9 THE PRESCRIPTION TO A PATIENT BASED SOLELY ON A CONSULTATION VIA

10 THE INTERNET WITH THE PATIENT.

11 (2) As used in this section, "therapeutic pharmaceutical

12 agent" means that term as defined in section 17401.

13 Sec. 17751. (1) A pharmacist shall not dispense a drug

14 requiring a prescription under the federal act or a law of this

15 state except under authority of an original prescription or an

16 equivalent record of an original prescription approved by the

17 board, OR IF THE PHARMACIST KNOWS THAT THE PRESCRIPTION WAS

18 ISSUED TO A PATIENT BY A PRESCRIBER BASED SOLELY ON A CONSULTA-

19 TION VIA THE INTERNET WITH THE PATIENT.

20 (2) A pharmacist may dispense a prescription written and

21 signed or transmitted by other means of communication by a physi-

22 cian prescriber in a state other than Michigan, but not including

23 a prescription for a controlled substance as defined in

24 section 7104 except under circumstances described in

25 section 17763(g), only if the pharmacist in the exercise of his

26 or her professional judgment determines all of the following:

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1 (a) That the prescription was issued pursuant to an existing

2 physician-patient relationship, AND WAS NOT ISSUED BY THE

3 PHYSICIAN PRESCRIBER BASED SOLELY ON A CONSULTATION VIA THE

4 INTERNET WITH THE PATIENT.

5 (b) That the prescription is authentic.

6 (c) That the prescribed drug is appropriate and necessary

7 for the treatment of an acute, chronic, or recurrent condition.

8 (3) A pharmacist or a prescriber shall dispense a prescrip-

9 tion only if the prescription falls within the scope of practice

10 of the prescriber.

11 (4) A pharmacist shall not knowingly dispense a prescription

12 after the death of the prescriber or patient.

13 Sec. 17763. (1) In addition to the grounds set forth in

14 part 161, the disciplinary subcommittee may fine, reprimand, or

15 place a pharmacist licensee on probation, or deny, limit, sus-

16 pend, or revoke the license of a pharmacist or order restitution

17 or community service for a violation or abetting in a violation

18 of this part or rules promulgated under this part, or for 1 or

19 more of the following grounds:

20 (a) Employing the mail to sell, distribute, or deliver a

21 drug that requires a prescription when the prescription for the

22 drug is received by mail.

23 (b) Adulterating, misbranding, or substituting a drug or

24 device knowing or intending that the drug or device shall be

25 used.

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1 (c) Permitting the dispensing of prescriptions by an

2 individual who is not a pharmacist, pharmacist intern, or

3 dispensing prescriber.

4 (d) Permitting the dispensing of prescriptions by a pharma-

5 cist intern, except in the presence and under the personal charge

6 of a pharmacist.

7 (e) Selling at auction drugs in bulk or in open packages

8 unless the sale has been approved in accordance with rules of the

9 board.

10 (f) Promoting a prescription drug to the public in any

11 manner.

12 (g) In addition to the prohibition contained in

13 section 7405(1)(e), dispensing a prescription for a controlled

14 substance as defined in section 7104 that is written and signed

15 or transmitted by a physician prescriber in a state other than

16 Michigan, unless, SUBJECT TO SUBSECTION (2), the prescription is

17 issued by a physician prescriber residing adjacent to the land

18 border between this state and an adjoining state who is autho-

19 rized under the laws of that state to practice medicine or osteo-

20 pathic medicine and surgery and to prescribe controlled sub-

21 stances and whose practice may extend into this state, but who

22 does not maintain an office or designate a place to meet patients

23 or receive calls in this state.

24 (2) THE EXCEPTION CONTAINED IN SUBSECTION (1)(G) DOES NOT

25 APPLY IF THE PHYSICIAN PRESCRIBER DESCRIBED IN SUBSECTION (1)(G)

26 ISSUED THE PRESCRIPTION TO A PATIENT BASED SOLELY ON A

27 CONSULTATION VIA THE INTERNET WITH THE PATIENT.

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1 Sec. 17766. Except as provided in section 17766a, a person

2 who does any 1 OR MORE of the following is guilty of a

3 misdemeanor:

4 (a) Obtains or attempts to obtain a prescription drug by

5 giving a false name to a pharmacist or other authorized seller,

6 prescriber, or dispenser.

7 (b) Obtains or attempts to obtain a prescription drug by

8 falsely representing that he or she is a lawful prescriber, dis-

9 penser, or licensee, or acting on behalf of a lawful prescriber,

10 dispenser, or licensee.

11 (C) OBTAINS OR ATTEMPTS TO OBTAIN A PRESCRIPTION DRUG FROM A

12 PRESCRIBER BASED SOLELY ON A CONSULTATION VIA THE INTERNET WITH

13 THE PRESCRIBER.

14 (D) (c) Falsely makes, utters, publishes, passes, alters,

15 or forges a prescription.

16 (E) (d) Knowingly possesses a false, forged, or altered

17 prescription.

18 (F) (e) Knowingly attempts to obtain, obtains, or pos-

19 sesses a drug by means of a prescription for other than a legiti-

20 mate therapeutic purpose, or as a result of a false, forged, or

21 altered prescription.

22 (G) (f) Possesses or controls for the purpose of resale,

23 or sells, offers to sell, dispenses, or gives away, a drug, phar-

24 maceutical preparation, or chemical that has been dispensed on

25 prescription and has left the control of a pharmacist, or that

26 has been damaged by heat, smoke, fire, water, or other cause and

27 is unfit for human or animal use.

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1 (H) (g) Prepares or permits the preparation of a

2 prescription drug, except as delegated by a pharmacist.

3 (I) (h) Sells a drug in bulk or in an open package at auc-

4 tion, unless the sale has been approved in accordance with rules

5 of the board.

02899'99 Final page. CPD